Mental Health Act 2016
sec.174Power to refer person to appropriate agency or entity
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sec.174 Power to refer person to appropriate agency or entity
This section applies if a Magistrates Court— has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; and is reasonably satisfied the person charged with the offence does not appear to have a mental illness. The court may refer the person to— a relevant agency for appropriate care; or the health department or another entity the court considers appropriate for treatment and care. In this section— health department means the department in which the Hospital and Health Boards Act 2011 is administered. relevant agency means— the department in which the Disability Services Act 2006 is administered; or the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth) . (sec.174-ssec.1) This section applies if a Magistrates Court— has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; and is reasonably satisfied the person charged with the offence does not appear to have a mental illness. (sec.174-ssec.2) The court may refer the person to— a relevant agency for appropriate care; or the health department or another entity the court considers appropriate for treatment and care. (sec.174-ssec.3) In this section— health department means the department in which the Hospital and Health Boards Act 2011 is administered. relevant agency means— the department in which the Disability Services Act 2006 is administered; or the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth) .
- (a) has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; and
- (b) is reasonably satisfied the person charged with the offence does not appear to have a mental illness.
- (a) a relevant agency for appropriate care; or
- (b) the health department or another entity the court considers appropriate for treatment and care.
- (a) the department in which the Disability Services Act 2006 is administered; or
- (b) the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth) .